Madras High CourtCRL OP(MD)/4183/2018ordered

Thangam v. The Sub-Inspectof Of Police

2018-03-16Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD).No.4183 of 2018 1.Thangam 2.Mariappan 3.Karthick Kumar 4.Thirumalaikumar 5.Manikandan 6.Arokiasamy .. Petitioners/Petitioners Vs.

State Represented by The Sub-Inspector of Police, Achanpudur Police Station, Tirunelveli District.

Crime No.42 of2018. .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C. praying to modify the Condition No.(ii) imposed in Cr.M.P.No.792 of 2018, dated 09.02.2018 on the file of the Prinicpal Sessions Judge, Tirunelveli.

For Petitioners : Mr.S.Selvakumar For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioners to modify the condition imposed in Crl.M.P.(MD)No.792 of 2018, dated 09.02.2018, on the file of the learned Principal Sessions Judge, Tirunelveli.

2. The learned counsel for the petitioners would submit that the petitioners are enlarged on bail by the learned Principal Sessions Judge, Tirunelveli, for the alleged offences punishable under Sections 147, 353, 294(b), 379 IPC., and Section 3(1) of TNPPDL Act, in Crl.M.P.(MD)No.792 of 2018, dated 09.02.2018, and they complied the condition from 21.02.2018 till date. He would further submitted that the petitioners are permanent residents of Tirunelveli and it is difficult for them to stay at Tiruvallur and sign before the learned Judicial Magistrate No.I, Tiruvallur daily twice. He further added that since the petitioners are the only breadwinners of their family and they are coolie workers at their native place, due to the said condition, they could not maintain https://hcservices.ecourts.gov.in/hcservices/

their family at their village. Moreover the petitioners are having no previous case. Hence, according to the petitioners, it is much difficult to observe the above said condition. Hence, the learned counsel for the petitioners prays to modify the condition imposed by the Sessions Court.

3. The learned Government Advocate (Criminal Side) appearing for the respondent police on instructions would submit that the petitioners have no previous case and he has no serious objection for allowing the petition.

4. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal Side), the second condition imposed by the learned Principal Sessions Judge, Tirunelveli, is modified as follows: "the petitioners shall appear and sign before the respondent police, daily at 10.30 a.m., until further orders."

5. Except the above said modification, all the other conditions imposed by learned Principal Sessions Judge, Tirunelveli in Crl.M.P. (MD)No.792 of 2018, dated 09.02.2018 remains unaltered. Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To

1. The Prinicpal Sessions Judge, Tirunelveli.

2. The Sub-Inspector of Police, Achanpudur Police Station, Tirunelveli District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.S.SELVAKUMAR, ADVOCATE IN SR No. 56320 PJL TE/CVC/SAR-4 : 06/04/2018 : 2P/5C Crl.O.P(MD)No.4183 of 2018 16.03.2018 https://hcservices.ecourts.gov.in/hcservices/